EU Investigating Samsung For Using FRAND Patents Against Apple

Samsung's attempt to shut down Apple products using FRAND patents is now under investigation by the EU, reports FOSS Patents.

Patents that are contributed to industry standards on the basis of so-called FRAND (fair, reasonable and non-discriminatory) licensing commitments must not be used as strategic weapons.

A recent court filing by Apple in California first revealed the investigation.


"Samsung's efforts to coerce Apple into tolerating Samsung's imitation have not been limited to the counterclaims here [in California]. Samsung has launched an aggressive, worldwide campaign to enjoin Apple from allegedly practicing Samsung's patents. Samsung has sued Apple for infringement and injunctions in no fewer than eight countries outside the United States. Indeed, Samsung's litigation campaign and other conduct related to its Declared-Essential Patents is so egregious that the European Commission recently has opened an investigation to determine whether Samsung's behavior violates EU competition laws. Apple brings these Counterclaims In Reply to halt Samsung's abuse and protect consumers, the wireless telecommunications industry, and Apple from further injury."

The investigation was confirmed to Dutch website Webwereld.nl with the Commission making the following statement: "The Commission has indeed sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector. Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case. We have no other comments at this stage."

This investigation could force Samsung to withdraw many of its claims against Apple. In fact, a judge in the Netherlands already has dismissed a Samsung request for a preliminary injunction and held that Samsung had failed to honor its FRAND licensing commitment.

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